(65 ILCS 5/11-116-2) (from Ch. 24, par. 11-116-2)
Sec. 11-116-2.
When the petition specified in this Division 116 is
filed with the municipal clerk of a municipality specified in this
Division 116, the question of erecting a monument or memorial shall be
certified by the clerk and submitted to the electors of the municipality.
The question shall be in substantially the following form:
Shall a monument (or memorial be erected in honor of YES ....... (insert for whom to be erected) by .......... (insert name of the municipality) at a NO cost not to exceed $....?
If a majority of those voting on the question vote yes, the
corporate authorities shall have the monument or memorial erected and,
if necessary, shall levy and collect, in the same manner as other
general taxes are levied and collected, a tax sufficient to raise the
amount specified in the petition, and to provide for the maintenance of the memorial.
(Source: P.A. 98-312, eff. 8-12-13.)
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(65 ILCS 5/11-116-3) (from Ch. 24, par. 11-116-3)
Sec. 11-116-3.
The petition referred to in Section 11-116-3 shall be signed
by not less than 100 electors of the municipality in which the specified
question is to be voted upon. The petition shall state the specific purpose
for which the proposed monument or memorial is to be erected, whether in
honor of the soldiers and sailors of the municipality or in honor of any
one or more of its notable and distinguished persons, and shall specify the
amount of money to be expended for the erection of the proposed monument or
memorial. The cost of the monument or memorial, however, shall not exceed
the amount authorized by referendum.
(Source: P.A. 76-1234.)
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(65 ILCS 5/11-116-4) (from Ch. 24, par. 11-116-4)
Sec. 11-116-4.
All municipalities whose electors have approved the erection
of a monument or memorial under "An Act to authorize cities, villages and
incorporated towns having a population of less than one hundred thousand to
erect monuments and memorials," approved May 10, 1919, as amended, may
continue to levy the tax thereby authorized as long as its levy would be
authorized if the monument or memorial had been erected under the
provisions of this Division 116.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art 11 prec Div 117 heading)
MUNICIPAL UTILITIES
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(65 ILCS 5/Art. 11 Div. 117 heading)
DIVISION 117.
CONSTRUCTION AND LEASING OF
CERTAIN UTILITIES
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(65 ILCS 5/11-117-1) (from Ch. 24, par. 11-117-1)
Sec. 11-117-1.
Subject to the provisions of this Division 117, any
municipality may (1) acquire, construct, own and operate within the
corporate limits of the municipality any public utility the product or
service of which, or a major portion thereof, is or is to be supplied to
the municipality or its inhabitants and may contract for, purchase and sell
the product or service of any such utility; provided, however, that any
municipality may acquire, construct, own and operate without the corporate
limits of any municipality any public utility for the transportation of
persons; (2) acquire, construct, own, maintain and operate without the
corporate limits of any municipality any electric power lines or
substations necessary solely to provide power or a source of power for such
municipality, and, when it is found necessary and in the public interest by
the Illinois Commerce Commission, to acquire by eminent domain any property
without the corporate limits of any municipality for such purposes, but no
new customer which an electric supplier is entitled to serve under the
Electric Supplier Act may be served from any line, lines or other
facilities located without the corporate limits of a municipality unless
waiver to serve such a customer is given in writing by the electric
supplier; (3) lease any public utility owned by the municipality to any
corporation organized under the laws of this state for the purpose of
operating that public utility, for a period not longer than 20 years; (4)
fix the rates and charges for the product sold and the services rendered by
any such public utility; and (5) make all needful rules and regulations in
relation thereto.
However, no municipality shall acquire or operate a public utility for
or in connection with the transportation of persons under the provisions of
this Division 117 if there is operating in such municipality any other
publicly or privately owned public utility that provides such a service;
and no municipality located within or partly within a county having 400,000
or more inhabitants may acquire by eminent domain any land or right of way
for any electrical power line or substation outside of its corporate
limits.
(Source: P.A. 77-2465.)
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(65 ILCS 5/11-117-1.1)
Sec. 11-117-1.1.
Service area agreement with electric cooperative.
(a) The General Assembly declares it to be in the public interest that a
municipality and an electric cooperative (as defined in the Electric Supplier
Act) may voluntarily enter into an agreement defining the geographic areas in
which each party shall provide retail electric service, and, if agreed, such
service may be exclusive. This authority is in the public interest for the
following reasons:
(1) To avoid duplication of facilities for the | ||
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(2) To minimize disputes between (i) municipalities | ||
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(3) To provide for the orderly and controlled growth | ||
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(4) To recognize and protect the investment and | ||
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(b) An agreement entered into under this Section may cover geographic areas
both within and without the corporate limits of a municipality.
(c) An agreement entered into under this Section shall be subject to the
approval of the Illinois Commerce Commission. An approved agreement may
be enforced only by a party to the agreement by the filing of a complaint for
interpretation with the Illinois Commerce Commission. The jurisdiction and
authority of the Illinois Commerce Commission over any municipality which owns
and operates a municipal utility for the purpose of providing retail electric
service shall be strictly limited to the approval of the agreement and the
interpretation of the agreement's terms. The Commission shall have no other
jurisdiction over or authority to review or approve the construction of any
project or operations of any municipality which is or may be a party to an
agreement under this Section or joint action agency to which the municipality
may be a member except to the extent now required in connection with the
initiation of proceedings in eminent domain. In a proceeding to approve an
agreement or interpret the terms of an agreement, the agreement shall be
construed consistently with the public policy of this State as set forth in
this Section.
(d) The provisions of this Section are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 88-335.)
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(65 ILCS 5/11-117-2) (from Ch. 24, par. 11-117-2)
Sec. 11-117-2.
The term "public utility," when used in this Division 117,
means and includes any plant, equipment, or property, and any franchise,
license, or permit, used or to be used (1) for or in connection with the
transportation of persons or property, or the conveyance of telegraph or
telephone messages; or (2) for the production, storage, transmission, sale,
delivery, or furnishing of cold, heat, light, power, water, or for the
conveyance of oil or gas by pipe lines; or (3) for the storage or
warehousing of goods; or (4) for the conduct of the business of a
wharfinger.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-3) (from Ch. 24, par. 11-117-3)
Sec. 11-117-3.
No municipality shall proceed to acquire or construct
any public utility under the provisions of this Division 117 until an
ordinance of the corporate authorities providing therefor has been duly
passed. This ordinance shall set forth the action proposed, shall
describe the plant, equipment, and property proposed to be acquired or
constructed, and shall provide for the issuance of bonds, mortgage
certificates, or special assessment bonds, as authorized in this
Division 117.
This ordinance shall not become effective until the question of its
adoption is submitted to a referendum vote of the electors of the
municipality. The municipal clerk shall certify the question for submission
to the vote of the electors of the
municipality upon an initiating ordinance adopted by the corporate authorities.
The question
shall be in substantially the following form:
Shall the ordinance (stating YESthe nature of the proposed ordinance) be adopted? NO
If a majority of the electors voting on the question of the adoption
of the proposed ordinance vote in favor thereof, the ordinance shall
thereupon become a valid and binding ordinance of the municipality.
Prior to the referendum upon this ordinance, the municipal clerk shall
have the ordinance published at least once in one or more newspapers
published in the municipality, or, if no newspaper is published therein,
then in one or more newspapers with a general circulation within the
municipality. This publication shall be not more than 30 nor less than
15 days in advance of the election.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-117-4) (from Ch. 24, par. 11-117-4)
Sec. 11-117-4.
No municipality shall proceed to operate for hire any public
utility for the use or benefit of private consumers or users, or charge for
such consumption or use, unless the proposition to operate has first been
submitted to the electors of the municipality as a separate proposition and
approved by a majority of those voting thereon. The proposition shall be
submitted in accordance with the provisions of Section 11-117-3. But any
municipality, without such submission and approval, may sell for heat,
light or power within or without the corporate limits of the municipality,
electricity generated in any electric lighting plant owned and operated by
the municipality for the municipality's own use. Also any municipality,
without such submission and approval, may sell water within and outside the
corporate limits of the municipality from any water plant owned and
operated by the municipality, and for this purpose shall have power to
acquire by agreement, purchase or condemnation, rights of way not more than
35 miles beyond its corporate limits in the streets, alleys or other public
ways of any city, village or incorporated town or in unincorporated
territory, even though such city, village or incorporated town or
unincorporated territory to be served is not contiguous to the
municipality, convenient and necessary for this purpose and to lay mains
and construct and operate pumping stations, reservoirs and other necessary
appurtenances therein. Provided, further, that where such municipality has
laid mains and constructed and operated pumping stations, reservoirs and
other necessary appurtenances, it may enter into contracts at a higher
water rate than the existing metered rate for like consumers within the
municipality, to allow the municipality to obtain a fair return to cover
the cost of financing, constructing, operating and maintaining the improved
facilities, and in the event such rates are not agreed upon by the parties,
such rates shall be fixed and determined by the circuit court of the county
in which the municipality which has financed, constructed, operated and
maintained the improved facilities is located; but this proviso shall not
impair the right of a municipal corporation to obtain water at the existing
metered rate for like consumers as is provided in Section 26 of "An Act to
create sanitary districts and to remove obstructions in the Des Plaines and
Illinois Rivers", approved May 29, 1889, as heretofore and hereafter
amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-5) (from Ch. 24, par. 11-117-5)
Sec. 11-117-5.
No ordinance authorizing the lease of any public utility
owned by a municipality for a longer period than 5 years, nor any ordinance
renewing any such lease, shall go into effect until the expiration of 30
days after its passage. The publication of the ordinance shall be accompanied
by a notice of (1) the specific number of voters required to sign a petition
requesting the question of authorizing the lease or renewing the lease of
a public utility owned by a municipality for more than 5 years to be submitted
to the electors; (2) the time in which such petition must be filed; and
(3) the date of the prospective referendum. The municipal clerk shall provide
a petition form to any individual requesting one. If, within this 30 days,
there is filed with the municipal clerk of the municipality a petition
signed by electors of the municipality equal in number to 10% or more of
the number of registered voters in the municipality, asking that the
ordinance be submitted to popular vote, then the ordinance
shall not go into effect unless the question of its adoption is first
submitted to the electors of the municipality and approved by a majority of
those voting thereon. The question shall be submitted in accordance with
the provisions of Section 11-117-3.
(Source: P.A. 87-767.)
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(65 ILCS 5/11-117-6) (from Ch. 24, par. 11-117-6)
Sec. 11-117-6.
(a) Any municipality may incorporate in any grant to a
public
utility company reservation of the right on the part of the municipality to
take over all or any part of the property, plant, or equipment used in the
operation of that public utility company, at or before the expiration of
the grant, upon such terms and conditions as may be provided in the grant.
Any municipality also may provide in any such grant that if such a reserved
right is not exercised by the municipality, and if the municipality grants
the right to another person to operate a utility in the streets and parts
of streets occupied by its grantee under the former grant, the new grantee
shall purchase and take over the property located in those streets and
parts of streets upon the terms which the municipality might have taken it
over.
(b) Except as provided in Sections 11-117-1.1 and 11-117-7.1, any
municipality that owns or operates a municipal electric utility shall have the
exclusive right to provide electric service to all customers within its
municipal limits and to customers at metered locations outside its municipal
limits that it is serving on the effective date of this amendatory Act of 1996.
However, an investor-owned public utility providing electric service to
customers at metered locations within the municipal limits on the effective
date of this amendatory Act of 1996 or to customers at metered locations that
are annexed by the municipality after the effective date of this amendatory Act
of 1996 may continue to provide service to those residential customers at such
metered locations and
shall
continue to provide service to those nonresidential customers at such metered
locations within
the
municipal limits on the effective date of this amendatory Act of 1996.
In addition, an investor-owned public utility providing electric service to
nonresidential customers at metered locations in areas annexed after the
effective date of this amendatory Act of 1996 shall continue to provide service
to those nonresidential customers at such metered locations for a period of 2
years after the date of
annexation.
After the 2-year period,
the
investor-owned public utility may continue to provide service to those
nonresidential customers. At any time during this 2-year period the
nonresidential customer may apply for service from a municipal utility
and the
investor-owned public utility shall promptly and consistent with
prudent utility practice facilitate such transfer to be effective as soon as
practicable upon the expiration of the 2-year period.
(c) A municipality that owns or operates a municipal natural gas utility
shall have the exclusive right to provide natural gas service to all customers
at metered locations that it is serving on the effective date of this
amendatory Act of 1996, whether those customers are within the municipal limits
of the municipality or at metered locations outside the municipal limits.
However, an investor-owned public utility providing natural gas service to
customers at metered locations within the municipal limits on the effective
date of this amendatory Act of 1996 or to customers at metered locations that
are annexed by the municipality after the effective date of this amendatory Act
of 1996 may continue to provide service to those customers.
(d) Notwithstanding subsections (b) and (c) of this Section, any
municipality may enter into an agreement with or grant a franchise to any
public utility defining the geographic areas in which each party, as between
themselves, may provide retail utility services, and the agreement or
franchise may provide for exclusive or non-exclusive service territories, or
both,
for the parties. An agreement entered into under this Section may cover
geographic areas both within and outside the corporate limits of a
municipality. Any agreement entered into under this subsection which provides
for exclusive service territories shall be subject to approval by the Illinois
Commerce Commission. The Illinois Commerce Commission's jurisdiction and
authority over municipalities under this subsection shall be strictly limited
to the approval of the agreement. Nothing in this subsection (d) shall be
construed to give a municipality the authority to grant to a public utility the
right to provide utility service in areas other than those for which the public
utility holds a certificate of public convenience and necessity from the
Illinois Commerce Commission.
(e) Any dispute between a municipality and a public utility regarding retail
utility services to a customer and any dispute regarding enforcement or
interpretation of any agreement entered into or franchise granted under this
Section shall be brought in the circuit court of the County in which the
municipality is located, and the circuit courts of this State shall have the
jurisdiction and authority to determine the rights of the parties in those
matters.
(f) The provisions of this Section are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 89-523, eff. 7-19-96.)
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(65 ILCS 5/11-117-7) (from Ch. 24, par. 11-117-7)
Sec. 11-117-7.
Any municipality may acquire any public utility or any part
thereof, authorized or operating in the municipality under a license,
permit, or franchise, or operating in the municipality without any license,
permit, or franchise, by any agreement with the public utility, or it may
proceed to procure the condemnation of the same in the manner provided by
law for the taking and condemning of private property for public use.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-7.1)
Sec. 11-117-7.1.
Service rights in annexed areas; acquiring electric
facilities after annexation.
(a) Consistent with the first paragraph of Section 5, and with Section 14,
of the Electric Supplier Act, an electric cooperative (as defined in the
Electric Supplier Act) providing service in an area which is annexed to or
otherwise becomes located within an incorporated municipality that owns and
operates a municipal utility for the purpose of providing retail electric
services shall have the right to continue to provide service without
authorization by the incorporated municipality to all existing premises being
served and may provide service to new premises located in such area
that can be served from
the cooperative's primary distribution facilities in existence upon the date
such area is annexed to or otherwise becomes located within an incorporated
municipality. If necessary, the cooperative may maintain or upgrade existing
facilities or rebuild facilities to provide adequate and reliable service to
customers served or to be served as permitted under this Section. The
cooperative shall not extend primary distribution facilities into or within
such area unless the cooperative is or shall become authorized to do so by the
incorporated municipality.
(b) Customers receiving service from an electric cooperative at premises
located in an area that is annexed to or otherwise becomes located within an
incorporated municipality that owns and operates a municipal utility for the
purpose of providing retail electric service may elect to take service from
either the cooperative or the municipality. Customers at new
premises that may be served by an electric cooperative under subsection (a)
may, at the time of connection, elect to take service from either the electric
cooperative or the municipality. In all instances the customer's election of
service supplier shall be binding upon the customer only for such time as the
customer requires service at that premises. Subsequent customers at such
premises shall have the same right of selection; provided, however, an electric
cooperative providing service in an area which is annexed to or otherwise
becomes located within an incorporated municipality is not obligated to provide
retail electric service except as required under the Electric Supplier Act or
the terms of a franchise granted by the incorporated municipality.
(c) If any facilities located in such area are or become unnecessary to
provide service to a customer or customers as a result of a customer's election
to receive service from either the electric cooperative or the municipality,
the owner of the facilities may require the other supplier of electric service
to acquire the facilities for an amount agreed upon by the parties or an amount
equal to the present-day reproduction cost, new, of the facilities being
acquired, less depreciation computed on a straight-line basis according to the
seller's standard schedule of depreciation, multiplied by the factor 1.1, but
no less than the cost to disconnect and remove the facilities if the supplier
acquiring the facilities requires them to be removed by the selling supplier.
(d) The provisions of this Section are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 88-335.)
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(65 ILCS 5/11-117-8) (from Ch. 24, par. 11-117-8)
Sec. 11-117-8.
For the purpose of acquiring any public utility, or any part
thereof, or property necessary or appropriate for the operation of any
public utility, either by purchase, condemnation, or construction, any
municipality may borrow money and issue negotiable bonds therefor, pledging
the faith and credit of the municipality. But no such bonds shall be issued
unless the proposition to issue the bonds has first been submitted to the
electors of the municipality and approved by a majority of those voting
thereon. The proposition shall be submitted in accordance with the
provisions of Section 11-117-3. No such bonds shall be issued in an amount
in excess of the cost of the municipality of the property for which the
bonds are issued, and 10% of that cost in addition thereto.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-9) (from Ch. 24, par. 11-117-9)
Sec. 11-117-9.
For the purpose of acquiring any public utility, or any part
thereof, or property necessary or appropriate for the operation of any
public utility, either by purchase, condemnation or construction, any
municipality may issue and dispose of interest bearing certificates,
hereinafter called public utility certificates. Under no circumstances
shall these public utility certificates be or become an obligation or
liability of the municipality or payable out of any general fund thereof.
They shall be payable solely out of the revenue or income to be derived
from the public utility for the acquisition of which they were issued. Such
certificates shall not be issued and secured on public utility property in
an amount in excess of the cost of the municipality of that property and
10% of that cost in addition thereto.
In order to secure the payment of these public utility certificates and
the interest thereon, the municipality may convey, by way of mortgage or
deed of trust, any or all of the public utility property acquired or to be
acquired through the issuance thereof. Such a mortgage or deed of trust
shall be executed in such manner as may be directed by law for the
acknowledgment and recording of mortgages of real estate, and may contain
such provisions and conditions not in conflict with the provisions of this
Division 117 as may be deemed necessary to secure the payment of the public
utility certificates described therein. Any such mortgage or deed of trust
may grant a privilege or right to maintain and operate the public utility
property covered thereby, for a period not exceeding 20 years from and
after the date that that property may come into the possession of any
person as the result of foreclosure proceedings. Such a privilege or right
may include the right to fix the rates or charges which the person securing
the property as the result of foreclosure proceedings shall be entitled to
charge in the operation of that property for a period not exceeding 20
years.
Whenever and as often as default is made in the payment of any public
utility certificate, issued and secured by a specific mortgage or deed of
trust, or in the payment of the interest thereon when due, and the default
has continued for the space of 12 months after notice thereof has been
given to the mayor, and to the comptroller, if any, it is lawful for the
mortgagee or trustee, upon the request of the holders of a majority in
amount of the certificates issued and outstanding under the mortgage or
deed of trust, to declare the whole of the principal of all of the
certificates, which are unpaid, to be at once due and payable, and to
proceed to foreclose the mortgage or deed of trust in any court of
competent jurisdiction. At a foreclosure sale, the mortgagee or the holders
of the unpaid certificates may become the purchaser or purchasers of the
property, rights and privileges sold, if he or they are the highest
bidders. Any public utility acquired under any such foreclosure shall be
subject to regulation by the corporate authorities of the municipality to
the same extent as if the right to construct, maintain, and operate that
property had been acquired through a direct grant without the intervention
of foreclosure proceedings.
However, no public utility certificates shall ever be issued by any
municipality under the provisions of this Division 117 unless the question
of the adoption of the ordinance of the corporate authorities authorizing
the issuance thereof has first been submitted to the electors of the
municipality and approved by a majority of the electors of the municipality
voting upon the question. The question shall be submitted in accordance
with the provisions of Section 11-117-3.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-10) (from Ch. 24, par. 11-117-10)
Sec. 11-117-10.
The expense of acquiring any public utility, or any part
thereof, or the property necessary or appropriate for the operation of any
public utility, either by purchase, condemnation, or construction, or such
part of the expense as may be just and reasonable, may be assessed in any
municipality upon and collected from the property and real estate specially
benefited thereby, if any, in such manner as is or may be provided by
Article 9 for the making of special assessments for local improvements in
that municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-11) (from Ch. 24, par. 11-117-11)
Sec. 11-117-11.
For the purpose of constructing water purification
plants and acquiring or constructing wharves, piers, docks, levees, or
in connection with wharves, piers, docks, levees, elevators, warehouses,
vaults, or necessary and appropriate tracks or terminal facilities, any
municipality may reclaim the submerged land under any public waters
within the jurisdiction of or bordering upon the municipality, and
thereupon shall be vested with the absolute title, in fee simple, to the
land so reclaimed. For any of these purposes the municipality may
acquire, by purchase, condemnation or otherwise, the title of private or
public owners to land lying beneath those public waters, and also the
riparian or other rights of the owners of the shore land abutting on
those public waters, or in or over those public waters, or the submerged
land under those waters. However, where any park district holds land
abutting upon the shores of Lake Michigan adjacent to the submerged land
intended to be reclaimed for the purpose of constructing water
filtration plants, the approval of a plan by such park district showing
the boundaries of the submerged land to be reclaimed and the character
of buildings and structures to be erected thereon shall first be
obtained prior to the reclamation of such submerged land by any
municipality. Nothing contained in this section, however, shall give to
any municipality the right to acquire submerged land from any park
district where any grant heretofore has been made of this submerged land
to the park district and the grant has been accepted by the park
district.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-12) (from Ch. 24, par. 11-117-12)
Sec. 11-117-12.
The charges fixed for the product supplied or the service rendered by
any municipality shall be sufficient at least to bear all cost of
maintenance and operation, to meet interest charges on the bonds and
certificates issued on account thereof, and to permit the accumulation of a
surplus or sinking fund to meet all unpaid bonds or certificates at
maturity.
The corporate authorities of any municipality owning and operating a
municipal utility plant shall, in addition to fixing utility rates, have
the power to establish a service charge for the late payment of rates charged.
These amendatory Acts of 1971 and 1975 are not
limits on any municipality which is a home rule unit.
(Source: P.A. 79-661.)
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(65 ILCS 5/11-117-12.1) (from Ch. 24, par. 11-117-12.1)
Sec. 11-117-12.1.
No gas or electric service furnished to residential users
by a municipality shall be terminated for nonpayment of bills on: (i)
any day when the National Weather Service forecast for the following 24
hours covering the area in which the residence is located includes a forecast
that the temperature will be 20 degrees Fahrenheit or below; or (ii) any
day preceding a holiday or a weekend when such a forecast indicates
that the temperature will be 20 degrees Fahrenheit or below during the holiday
or weekend.
This amendatory Act of 1979 applies to all municipalities that own or operate
a public utility, including home rule units. However, nothing in this Section
shall prevent any municipality from establishing more stringent measures.
(Source: P.A. 81-986.)
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(65 ILCS 5/11-117-12.2) Sec. 11-117-12.2. Military personnel in military service; no stoppage of gas or electricity; arrearage. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. "Primary occupant" means the current residential customer of record in whose name the account is registered with the municipality owning a public utility. "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.
(b) No municipality owning a public utility shall stop gas or electricity from entering the residential premises of which a service member was a primary occupant immediately before the service member entered military service for nonpayment for gas or electricity supplied to the residential premises. (c) Upon the return from military service of a residential consumer who is a service member, the municipality shall offer the residential consumer a period equal to at least the period of the residential consumer's military service to pay any arrearages incurred during the period of the residential consumer's military service. The municipality shall inform the residential consumer that, if the period the municipality offers presents a hardship to the consumer, the consumer may request a longer period to pay the arrearages. (d) In order to be eligible for the benefits granted to a service member under this Section, a service member must provide the municipality owning a public utility with a copy of the orders calling the service member to military service in excess of 29 consecutive days or copies of orders further extending the service member's period of service and provide documentation that his or her military service materially affects his or her ability to pay for such services when due. In the event the service member no longer claims to be the primary occupant of the residential premises, or if the customer account of record changes, then the municipality owning a public utility may enforce all applicable rules, regulations, and tariffs.
(e) A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty imposed under this subsection shall be deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 97-913, eff. 1-1-13.) |
(65 ILCS 5/11-117-13) (from Ch. 24, par. 11-117-13)
Sec. 11-117-13. Any municipality, owning a public utility, shall keep
the accounts for each public utility distinct from other municipal
accounts and in such manner as to show the true and complete financial
results of municipal ownership or ownership and operation, as the case
may be. These accounts shall be so kept as to show (1) the actual cost
of the municipality of each public utility owned; (2) all costs of
maintenance, extension, and improvement; (3) all operating expenses of
every description, in case of municipal operation; (4) the amounts set
aside for sinking fund purposes; (5) if water or other service is
furnished for the use of a public utility without charge, as nearly as
possible, the value of that service and also the value of any similar
service rendered by each public utility to any other municipal
department without charge; (6) reasonable allowances for interest,
depreciation, and insurance; and (7) estimates of the amount of taxes
that would be chargeable against each public utility if owned by a
private corporation.
The corporate authorities shall print annually for public
distribution, a report, in the form specified in this Section, showing
the financial results of the municipal ownership or ownership and
operation. The accounts of each public utility shall be examined once
each year by a licensed Certified Public Accountant permitted to perform audits under the Illinois Public Accounting Act who shall report to the corporate
authorities the results of his examination. This accountant shall
be selected in such manner as the corporate authorities may direct, and
he shall receive for his services such compensation, to be paid out of
the revenue from each public utility, as the municipality may prescribe.
(Source: P.A. 94-465, eff. 8-4-05.)
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(65 ILCS 5/11-117-14) (from Ch. 24, par. 11-117-14)
Sec. 11-117-14.
No referendum for the acquisition, construction or
operation of any public utility shall be held in any municipality within
the 10 months' period next following a submission to and failure of
approval by the electors therein of a proposition or ordinance to
acquire, construct or operate a public utility for the rendition of like
public utility service.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 117.1 heading) DIVISION 117.1. TERRORISM PREVENTION
(Source: P.A. 94-480, eff. 1-1-06.) |
(65 ILCS 5/11-117.1-1) Sec. 11-117.1-1. Terrorism prevention measures. A municipality that owns or operates a municipal utility may promulgate rules for the exclusion of any person, based upon criminal conviction information received about that person under the Criminal Identification Act, from all or a portion of any water treatment facility, water pumping station, electrical transfer station, electrical generation facility, natural gas facility, or any other utility facility owned or operated by the municipality. The rules must be promulgated by the appropriate municipal agency in cooperation with the principal law enforcement agency of the municipality and, in the case of rules concerning the exclusion of employees, in cooperation with bona fide collective bargaining representatives. The rules may apply to employees of the municipality, any other persons performing work at the facility, or any visitors to the facility. The rules must identify the types of criminal convictions that disqualify a person from entering a particular area, based solely on whether the person poses an unreasonable risk to the public safety because of the person's potential for future criminal conduct affecting a municipal utility facility. The rules may be amended from time to time and shall be available for inspection under the Freedom of Information Act.
(Source: P.A. 94-480, eff. 1-1-06.) |
(65 ILCS 5/Art 11 prec Div 118 heading)
HEAT, POWER AND LIGHT SERVICES
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(65 ILCS 5/Art. 11 Div. 118 heading) DIVISION 118.
REVENUE BONDS TO CONSTRUCT
HEATING PLANTS
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(65 ILCS 5/11-118-1) (from Ch. 24, par. 11-118-1)
Sec. 11-118-1.
Any municipality is authorized to pay for the construction
of a heating plant and system by the issuance and sale of revenue bonds
payable solely from the revenue derived from the operation thereof. These
bonds shall bear interest at the rate of not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, payable semi-annually, and shall mature within 20
years from the date thereof.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-118-2) (from Ch. 24, par. 11-118-2)
Sec. 11-118-2.
The corporate authorities of any municipality availing
itself of the provisions of this Division 118, shall adopt an ordinance
describing in a general way the heating plant and system to be constructed
and refer to the plans and specifications prepared for that purpose, which
shall be open to the inspection of the public. This ordinance shall set out
the estimated cost of the heating plant and system and fix the amount of
bonds proposed to be issued, maturity, interest rate, and all details in
respect thereof. Revenue bonds issued under this Division 118 shall be
payable solely from the revenue derived from the heating plant and system.
These bonds shall not in any event constitute an indebtedness of the
municipality within the meaning of the constitutional provisions or
limitations. It shall be plainly stated on the face of each bond that the
bond has been issued under the provisions of this Division 118 and that it
does not constitute an indebtedness of the municipality within any
constitutional or statutory limitation.
After this ordinance has been adopted, it shall be published as provided
in Section 1-2-4. After the expiration of 10 days from the date of this
publication, the ordinance shall be in effect.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-118-3) (from Ch. 24, par. 11-118-3)
Sec. 11-118-3.
Whenever revenue bonds have been issued under this Division
118, the entire revenue received thereafter from the operation of the
heating plant and system shall be deposited in a separate fund, designated
the heating fund of the municipality of ..... This revenue shall be used
only in paying the cost of maintenance and operation of the heating plant
and system and the principal of interest upon the bonds issued under this
Division 118.
Rates charged for heating shall be sufficient to pay the cost of
maintenance and operation and to pay the principal of and interest upon all
bonds issued under this Division 118, for the construction of the heating
plant and system. These rates shall not be reduced while any of these bonds
are unpaid.
Revenue bonds issued under this Division 118 may be redeemed at any
interest-paying date, by proceeding as follows: (1) a written notice shall
be mailed to the holder of such a bond 30 days prior to an interest-paying
date, notifying the holder that the bond will be redeemed on the next
interest-paying date; or (2) if the holder of such a bond is unknown, then
a notice describing the bond to be redeemed and the date of its redemption
shall be published 30 days prior to an interest-paying date in one or more
newspapers published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers with a general circulation within
the municipality. In municipalities with less than 500 population in which
no newspaper is published, publication may instead be made by posting a
notice in 3 prominent places within the municipality. When notice has been
mailed to the holder of such a bond, or when notice has been published in a
newspaper, in case the holder of the bond is unknown, the bond shall cease
bearing interest from and after the next interest-paying date.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-118-4) (from Ch. 24, par. 11-118-4)
Sec. 11-118-4.
In case an officer whose signature appears on these bonds,
or the coupons attached thereto, ceases to hold his office before the
delivery of the bonds to the purchaser, his signature, nevertheless, shall
be valid and sufficient for all purposes, to the same effect as if he had
remained in his office until the delivery of the bonds. These bonds shall
have all the qualities of negotiable paper under the law merchant and the
negotiable instrument law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-118-5) (from Ch. 24, par. 11-118-5)
Sec. 11-118-5.
The electors of a municipality may adopt and become
entitled to the benefits of this Division 118 in the following manner:
whenever a number equalling 1,000, or one-eighth, whichever is less, of
the electors of a municipality, voting at the last preceding election, petition
the circuit court for the
county in which that municipality is located, to order submitted
to a vote of the
electors of that municipality the proposition whether that municipality
shall adopt and become entitled to the benefits of this Division 118,
that court shall order this proposition certified and submitted
accordingly, at an election in accordance with the general election law. If the
proposition is not adopted at this election, it shall in like manner be
submitted to a vote of the electors of that municipality upon order of that court
upon like application at any succeeding
election.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-118-6) (from Ch. 24, par. 11-118-6)
Sec. 11-118-6.
If a majority of the votes
cast upon this proposition are in favor of the proposition, this
Division 118 is adopted by that municipality. The mayor or president
shall thereupon issue a proclamation declaring this Division 118 in
force in that municipality.
A municipality which has adopted "An Act authorizing cities, villages
and incorporated towns to issue revenue bonds for the purpose of
constructing a heating plant and system," filed July 29, 1939, as
amended, shall be treated as having adopted this Division 118 and bonds
issued under that Act shall be treated as having been issued under this
Division 118.
(Source: P.A. 81-1489.)
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(65 ILCS 5/Art. 11 Div. 119 heading) DIVISION 119.
REVENUE BONDS TO IMPROVE
LIGHT AND GAS PLANTS
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(65 ILCS 5/11-119-1) (from Ch. 24, par. 11-119-1)
Sec. 11-119-1.
Every city or village owning and operating its electric
light plant and system or its gas plant and system, may pay for improving,
enlarging or extending the plant and system by the issuance and sale of
revenue bonds. These bonds shall bear interest at a rate of not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract,
payable semi-annually, and shall mature within the period of usefulness of
the project for which they are issued, such period of usefulness to be
determined by the corporate authorities, but in no event more than 30 years
from the date of completion of the project. The bonds shall be sold in such
manner as the corporate authorities shall determine, except that if issued
to bear interest at the rate of 7% annually, the bonds shall be sold for
not less than par and accrued interest, and except that the selling price
of bonds bearing less than 7% interest shall be such that the interest cost
to the municipality of the money received from the sale of such bonds,
shall not exceed 7% annually, computed to maturity according to standard
tables of bond values.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-119-2) (from Ch. 24, par. 11-119-2)
Sec. 11-119-2.
The corporate authorities of any city or village availing
itself of the provisions of this Division 119 shall adopt an ordinance
describing in a general way the improvements or extensions to be made. It
shall not be necessary that the ordinance refer to plans and specifications
nor that there be on file for public inspection prior to the adoption of
such ordinance detailed plans and specifications of the project. The
ordinance shall set out the estimated cost of the improvements or
extensions and shall fix the amount of bonds proposed to be issued, the
maturity, interest rate, and all details in respect thereof. Such
ordinance, at the option of the municipality, may contain provisions which
shall be part of the contract with the holders of the bonds as to: (1) The
registration of the bonds as to principal only, or as to both principal and
interest, and the interchangeability and exchangeability of the bonds. (2)
The redemption of the bonds prior to maturity and the price, either at par
or at a premium, at which they are redeemable. (3) The setting aside of
reserves or sinking funds, and the regulation or disposition thereof. (4)
Limitations upon the issuance of additional bonds payable from the revenues
of the system, or upon the rights of the holders of these additional bonds.
(5) Other agreements with the holders of the bonds, or covenants or
restrictions necessary or desirable to safeguard the interests of these
holders. After the ordinance has been adopted and approved it shall be
published once in a newspaper published and having a general circulation in
the municipality, or if there is no such newspaper, copies of the ordinance
shall be posted in at least 4 public places within the municipality. The
ordinance shall be in effect after the expiration of 10 days from the date
of this publication.
Bonds issued under this Division 119 shall be payable solely from the
revenue derived from the electric light plant and system, or the gas plant
and system, as the case may be, and these bonds shall not in any event
constitute an indebtedness of the municipality within the meaning of any
constitutional or statutory limitation; provided, that bonds issued under
this Division 119 may also be payable from funds pledged by the
municipality issuing such bonds pursuant to the Illinois Finance Authority Act,
and, notwithstanding such
pledge of such
funds, shall not in any event constitute an indebtedness of the
municipality within the meaning of any constitutional or statutory limitation.
It shall be plainly stated on the
face of each bond that it has been issued under the provisions of this
Division 119 and that it does not constitute an indebtedness of the
municipality within any constitutional or statutory limitation.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/11-119-3) (from Ch. 24, par. 11-119-3)
Sec. 11-119-3.
Whenever bonds are issued under this Division 119,
sufficient revenue received thereafter from the operation of the electric
light plant and system, or the gas plant and system, as the case may be, to
pay the cost of maintenance and operation of the plant and system, and the
principal of and interest on all obligations payable from the revenues of
such plant and system, including the bonds issued hereunder, without
limiting the generality of the foregoing, shall be deposited in a separate
fund, designated as the electric light fund of ...., or the gas fund of
...., as the case may be. This fund shall be used only in paying (1) the
cost of maintenance and operation of the plant and system, (2) principal of
and interest upon obligations, in whatever form, of the municipality
theretofore issued that are payable by their terms from this revenue, and
(3) bonds issued under this Division 119.
Rates charged for electric current or gas shall be sufficient to pay the
cost of maintenance and operation and to pay the principal of and interest
upon all of the specified bonds and obligations.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-119-4) (from Ch. 24, par. 11-119-4)
Sec. 11-119-4.
Revenue bonds issued hereunder at the option of the
municipality, may be made callable prior to their maturity at a price of
par and accrued interest, or at a stated premium, provided that in the
event such bonds, or any of them, are so made callable, it shall be so
stated on the face of each such bond.
Revenue bonds issued under the provisions of this Division 119 may be
refunded in accordance with the provisions of Sections 8-4-14 through
8-4-23.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-119-5) (from Ch. 24, par. 11-119-5)
Sec. 11-119-5.
In case any officer whose signature appears on the specified
bonds or the coupons attached thereto ceases to hold his office before the
delivery of the bonds to the purchaser, his signature nevertheless shall be
valid and sufficient for all purposes, to the same effect as if he had
remained in office until the delivery of the bonds. The specified bonds
shall have all the qualities of negotiable paper under the law merchant and
Article 3 of the Uniform Commercial Code.
(Source: P.A. 76-828.)
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